SCJC Newshttp://www.scottishciviljusticecouncil.gov.uk/SCJC news archivelatest newsrules rules latest news latest newsnew rules latest rules new rules urn:uuid:22d066a7-8980-69d2-b500-ff0000d74aa7http://www.scottishciviljusticecouncil.gov.uk/news/2019/05/08/april-2019-update-newsletter-now-availablelatest newsApril 2019 Update newsletter now availableThe April 2019 edition of the Council's newsletter,&nbsp;<a href="http://www.scottishciviljusticecouncil.gov.uk/docs/librariesprovider4/publications/scjc-publications/updates/update-issue-19---april-2019.pdf?sfvrsn=2">Update</a>, is now available.<br /> <br /> <p>Issue 19 includes information on the Council's recent appointments, ongoing work and committee activity.</p> <br />Wed, 08 May 2019 16:04:26 Zurn:uuid:68fd65a7-8980-69d2-b500-ff0000d74aa7http://www.scottishciviljusticecouncil.gov.uk/news/2019/04/26/act-of-sederunt-(rules-of-the-court-of-session-1994-and-summary-applications-statutory-applications-and-appeals-etc.-rules-1999-amendment)-(proceeds-of-crime)-2019rules rules latest news Act of Sederunt (Rules of the Court of Session 1994 and Summary Applications, Statutory Applications and Appeals etc. Rules 1999 Amendment) (Proceeds of Crime) 2019This Act of Sederunt comes into force on 1 June 2019.Fri, 26 Apr 2019 10:38:51 ZThis <a href="https://www.legislation.gov.uk/ssi/2019/146/introduction/made">Act of Sederunt </a>makes provision for rules to regulate the procedures for new types of court application provided for under amendments to ACSA and POCA introduced by the Criminal Finance Act 2017.urn:uuid:fffc65a7-8980-69d2-b500-ff0000d74aa7http://www.scottishciviljusticecouncil.gov.uk/news/2019/04/26/act-of-sederunt-(rules-of-the-court-of-session-1994-and-childrules rules latest news Act of Sederunt (Rules of the Court of Session 1994 and Child Care and Maintenance Rules 1997 Amendment) (Parental Orders) 2019This Act of Sederunt comes into force on 24 May 2019.Fri, 26 Apr 2019 10:25:49 ZThis <a href="https://www.legislation.gov.uk/ssi/2019/147/introduction/made">Act of Sederunt </a>amends the Rules of the Court of Session 1994&nbsp;and the Act of Sederunt (Child Care and Maintenance Rules) 1997&nbsp;in consequence of the coming into force of section 54A of the Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018. <br /> <br />
The rules amendments now enable single persons to apply for parental orders under the Human Fertilisation and Embryology Act 2008 ensuring the civil justice system is fair, accessible and efficient for court users.urn:uuid:08ae65a7-8980-69d2-b500-ff0000d74aa7http://www.scottishciviljusticecouncil.gov.uk/news/2019/04/23/act-of-sederunt-(summary-applications-statutory-applications-and-appeals-etc.-rules-amendment)-(labour-market-enforcement-orders)-2019rules latest news rulesAct of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules Amendment) (Labour Market Enforcement Orders) 2019The Act of Sederunt comes into force on 18 May 2019.Tue, 23 Apr 2019 12:26:34 ZThis&nbsp;<a href="http://www.legislation.gov.uk/ssi/2019/140/made">Act of Sederunt</a> amends the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999. It makes provision for applications for labour market enforcement orders under section 19 of the Immigration Act 2016 (c.19) to be made by summary application and for applications for their variation or discharge to be made by minute in the process of the original order.urn:uuid:754864a7-8980-69d2-b500-ff0000d74aa7http://www.scottishciviljusticecouncil.gov.uk/news/2019/04/02/views-of-the-child-in-family-and-civil-partnership-actionsrules latest news rules latest news Views of the child in Family and Civil Partnership actionsThe Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Views of the Child) 2019 comes into force on 24 June 2019, inserting new forms to replace existing Forms F9 and CP7 in Chapters 33 and 33A respectively of the Ordinary Cause Rules (“OCR”) and Form 49.8-N in Chapter 49 of the Rules of the Court of Session (“RCS”).
Tue, 02 Apr 2019 12:00:00 Z<p><strong>Views of the child in family and civil partnership actions </strong></p> <p>The Family Law Committee (&ldquo;FLC&rdquo;) of the Scottish Civil Justice Council (&ldquo;SCJC&rdquo;) has been working for some time on an instrument that will replace the court form used to seek the views of children in family and civil partnership actions.&nbsp; The <em><a href="http://www.legislation.gov.uk/ssi/2019/123/pdfs/ssi_20190123_en.pdf">Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Views of the Child) 2019</a></em> was laid before the Scottish Parliament on Friday, 29 March 2019.&nbsp; It inserts new forms to replace existing Forms F9 and CP7 in Chapters 33 and 33A respectively of the Ordinary Cause Rules (&ldquo;OCR&rdquo;) and Form 49.8-N in Chapter 49 of the Rules of the Court of Session (&ldquo;RCS&rdquo;).&nbsp; The new rules come into force on <strong>24 June 2019</strong>.</p> <p><strong>Background</strong></p> <p>It has long been recognised that there is a need to overhaul the forms currently used for intimation to a child in family actions involving a crave for a section 11 order[1] &ndash; not only in terms of making the design more child-friendly, but also simplifying some of the vocabulary used.&nbsp; This is particularly important since the forms do not only inform children about the section 11 order that the court has been asked to make, they also provide an opportunity for children to let the court know their views.&nbsp;&nbsp; </p> <p>The SCJC has consulted children and young people, as well as a number of organisations that work with and represent them, about how the existing forms could be improved.&nbsp; The FLC has incorporated many of the suggestions and feedback received from children and young people. A graphic designer was appointed to give the forms a more colourful and child-friendly &lsquo;look and feel&rsquo;.&nbsp;&nbsp;&nbsp; </p> <p>Rather than simply replacing the existing form with a revamped document, the FLC decided to take the opportunity to flesh out what the current rules say about sending the form to a child.&nbsp; Among other things, the new instrument makes provision about the point at which the form should be sent, who should send it, and makes sure the child&rsquo;s views are sought when a party makes an application after final decree.&nbsp; </p> <p>The FLC acknowledges that a form is not always the most appropriate way to obtain a child&rsquo;s views.&nbsp; The Scottish Government has indicated that it intends to introduce a Family Law Bill into the Scottish Parliament, which is likely to include provisions on how best to obtain the views of the child.&nbsp; In the meantime, the instrument replaces the existing form and introduces new rules providing clarity about its use.&nbsp; Additionally, the Scottish Courts and Tribunals Service plans to look into the possibility of enabling children to submit their completed forms electronically.</p> <p><strong>Summary of key changes made by the draft instrument </strong></p> <p>In order to simplify discussion of the instrument, the key changes are explained with reference to Chapter 33 OCR and Form F9.&nbsp; The changes that have been made to Chapter 33A are almost identical, and Chapter 49 RCS has been aligned with this as far as possible (although some adaptations were necessary due to differences in Court of Session and sheriff court procedure).&nbsp; </p> <p>The Act of Sederunt amends three chapters in total: Chapter 33 OCR (family actions), Chapter 33A OCR (civil partnership actions) and Chapter 49 RCS (family actions).&nbsp; Further, the instrument does not only insert new rules relating to principal proceedings; it makes provision about post-decree applications too.&nbsp; The need to set out any new provisions in numerous different places in the court rules inevitably makes this amending instrument somewhat repetitive.</p> <p><em>Procedural clarity</em></p> <p>Existing court rules do not make any provision about the point at which the Form F9 should be sent to the child, nor do they say which party is responsible for sending it.&nbsp; In practice, this can mean that the form is sent to the child as soon as the pursuer has raised the action and obtained warrant to intimate.&nbsp; At that point in time, it is not known whether or not the action will be defended or whether the defender will seek a section 11 order.&nbsp; </p> <p>Where it turns out that both parties seek a section 11 order, there is the possibility that the child will be sent a <em>second </em>Form F9 &ndash; this time asking for views on the order sought by the defender.&nbsp; FLC members thought this was far from ideal, echoing the comments of consultees that it can be demoralising for children to be repeatedly asked for views.</p> <p>The instrument therefore sets out detailed rules about this &ndash; see, for example, new rules 33.19 to 33.19C.&nbsp; These rules make it clear that the Form F9 should not be sent to the child until it is known whether the action will be defended.&nbsp; They also specify which party should send the form and when, depending on who seeks a section 11 order.&nbsp; </p> <p>It will normally fall to the pursuer to send the form, even where both parties seek a section 11 order (in those cases, the pursuer must include wording in the form to describe the section 11 order sought by the defender).&nbsp; The defender will only send the form to the child where he/she is the only party seeking a section 11 order (i.e. where the initial writ or summons does not include a crave for a section 11 order).</p> <p>In addition to these standard default provisions, new rule 33.19D gives the sheriff the discretion to order a Form F9 to be sent to a child at any time.&nbsp; This could be useful in cases where a young child was not initially sent a form, but time has passed and he / she is now older and mature enough to express a view.&nbsp; It also covers situations where the child did receive a form, but due to the passage of time the sheriff thinks it would be appropriate for another one to be sent &ndash; just in case the child&rsquo;s views have changed, for example.</p> <p>The instrument also includes rules about sending a Form F9 to a child in situations where a party lodges a minute for variation of a decree relating to a section 11 order (see, for example, new rules 33.44A to 33.44D).&nbsp; These rules mirror the procedure that applies in the principal proceedings.</p> <p><em>Judicial oversight of the forms to be sent to the child</em></p> <p>As part of the consultation exercise, some concerns were expressed about the possibility of parties sending inappropriately framed forms to children.&nbsp; The main worry was that the dispute might be described in language intended to influence the child or using difficult legal terminology. </p> <p>As a way of addressing this, it was agreed that a draft Form F9 should be submitted to the court along with the initial writ / summons (or notice of intention to defend / defences, where applicable), showing the details that the party proposes to include when the form is sent to the child.&nbsp; The court must be satisfied that the draft form has been prepared appropriately.&nbsp; An example of these provisions can be seen at rule 33.7A (1)(b) and (3).</p> <p><em>Sending the forms to young children </em></p> <p>The FLC had concerns that in many cases, parties ask the court to dispense with intimation in Form F9 simply because the child is under 12 years of age.&nbsp; In part, this may be due to section 11(10) of the Children (Scotland) Act 1995, which provides that <em>&lsquo;a child twelve years of age or more shall be presumed to be of sufficient age and maturity to form a view&rsquo;</em>.&nbsp; </p> <p>FLC members are very keen to bring about a culture change.&nbsp; Many children a lot younger than 12 are capable of filling in a form to express their views, even if they require help to do so.&nbsp; New rule 33.7A (2) therefore provides that where the pursuer <em>&lsquo;considers that it would be inappropriate to send Form F9 to the child (for example, where the child is under 5 years of age)&rsquo;</em>,<em> </em>the initial writ must contain a crave to dispense with intimation in Form F9 and state the reasons why it is inappropriate to send Form F9 to the child.</p> <p><em>Guidance published by the SCJC</em></p> <p>The SCJC has published guidance to assist with preparing and sending the new Form F9.&nbsp; This is published on the <a href="http://www.scottishciviljusticecouncil.gov.uk/docs/librariesprovider4/publications/scjc-publications/views-of-the-child---guidance-for-completion-of-forms.pdf?sfvrsn=4">&lsquo;Publications&rsquo;</a> page of the SCJC&rsquo;s website[2].&nbsp; </p> <p> <div>&nbsp;<hr width="33%" size="1" align="left" /> <div id="ftn1"> </div> </div> </p> <p>[1] An order under section 11 of the Children (Scotland) Act 1995 relating to parental responsibilities and rights (such as contact arrangements, where the child should live, etc).</p> <p>[2] www.scottishciviljusticecouncil.gov.uk</p>urn:uuid:ac2e64a7-8980-69d2-b500-ff0000d74aa7http://www.scottishciviljusticecouncil.gov.uk/news/2019/04/01/act-of-sederunt-(simple-procedure-amendment)-(civil-online)rules rulesAct of Sederunt (Simple Procedure Amendment) (Civil Online)The Act of Sederunt comes into force on 25 April 2019.Mon, 01 Apr 2019 08:20:31 Z<p>This&nbsp;<a href="http://www.legislation.gov.uk/ssi/2019/122/made">Act of Sederunt</a>&nbsp;amends the Act of Sederunt (Simple Procedure) 2016 to include references to the Civil Online portal on the Scottish Courts and Tribunals Service website. From 25th April 2019, respondents will be able to complete a Response Form through Civil Online.</p> <br />urn:uuid:dd2164a7-8980-69d2-b500-ff0000d74aa7http://www.scottishciviljusticecouncil.gov.uk/news/2019/03/29/act-of-sederunt-(simple-procedure-amendment)-(civil-online)new rules latest rulesAct of Sederunt (Simple Procedure Amendment) (Civil Online)The Act of Sederunt comes into force on 25 April 2019.Fri, 29 Mar 2019 14:56:07 ZThis&nbsp;<a href="http://www.legislation.gov.uk/ssi/2019/122/made">Act of Sederunt</a> amends the Act of Sederunt (Simple Procedure) 2016 to include references to the Civil Online portal on the Scottish Courts and Tribunals Service website. From 25th April 2019, respondents will be able to complete a Response Form through Civil Online.urn:uuid:9fb163a7-8980-69d2-b500-ff0000d74aa7http://www.scottishciviljusticecouncil.gov.uk/news/2019/03/25/act-of-sederunt-(rules-of-the-court-of-session-1994-amendment)-(sanctions-and-anti-money-laundering)-(no.2)-2019rulesAct of Sederunt (Rules of the Court of Session 1994 Amendment) (Sanctions and Anti-Money Laundering) (No.2) 2019The Act of Sederunt comes into force on 29 March 2019.Mon, 25 Mar 2019 12:29:49 Z<p>This <a href="http://www.legislation.gov.uk/ssi/2019/97/contents/made">Act of Sederunt</a>&nbsp;is an further instrument to Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Sanctions and Anti-Money Laundering) 2019, which amends Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Sanctions and Anti-Money Laundering) 2019, to insert provision to revoke Chapter 101 of the Rules of the Court of Session 1994 which should have been included in that Act of Sederunt.</p> <br />urn:uuid:fff562a7-8980-69d2-b500-ff0000d74aa7http://www.scottishciviljusticecouncil.gov.uk/news/2019/03/13/act-of-sederunt-(rules-of-the-court-of-session-1994-amendment)-(regulation-(ec)-no.-44-2001)-transitional-provisions)-2019rulesAct of Sederunt (Rules of the Court of Session 1994 Amendment) (Regulation (EC) No. 44/2001) Transitional Provisions) 2019The new rules come into force on 28 March 2019.Wed, 13 Mar 2019 14:47:41 ZThis <a href="https://www.legislation.gov.uk/ssi/2019/85/contents/made">Act of Sederunt</a>&nbsp;amends the application of Part V of Chapter 62 of the Rules of the Court of Session on the recognition, registration and enforcement of foreign judgments.<br /> <br />urn:uuid:70a762a7-8980-69d2-b500-ff0000d74aa7http://www.scottishciviljusticecouncil.gov.uk/news/2019/03/11/act-of-sederunt-(rules-of-the-court-of-session-1994-and-sheriff-court-rules-amendment)-(miscellaneous)-2019rulesAct of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2019The Act of Sederunt comes into force on 6 April 2019.Mon, 11 Mar 2019 14:21:10 ZThis <a href="http://www.legislation.gov.uk/ssi/2019/81/contents/made">Act of Sederunt</a>&nbsp;amends the Court Rules&nbsp;in consequence of the new Insolvency Rules and makes provision about the application procedure for certain related court remedies.urn:uuid:949b62a7-8980-69d2-b500-ff0000d74aa7http://www.scottishciviljusticecouncil.gov.uk/news/2019/03/06/act-of-sederunt-(taxation-of-judicial-expenses-rules)-2019rulesAct of Sederunt (Taxation of Judicial Expenses Rules) 2019The new rules come into force on 29 April 2019.Wed, 06 Mar 2019 13:54:07 ZThis <a href="http://www.legislation.gov.uk/ssi/2019/75/contents/made">Act of Sederunt</a>&nbsp;makes provision regarding:<br /> <br />
&bull; the taxation of accounts of expenses as between party and party in civil proceedings;<br />
&bull; the reimbursement of losses and expenses incurred by witnesses cited to attend court in<br />
such proceedings;<br />
&bull; the fees payable to shorthand writers and transcribers in relation to such proceedings; and<br />
&bull; the sums chargeable against a debtor in respect of the work of a solicitor in instructing<br />
steps in diligence.urn:uuid:869b62a7-8980-69d2-b500-ff0000d74aa7http://www.scottishciviljusticecouncil.gov.uk/news/2019/03/06/act-of-sederunt-(rules-of-the-court-of-session-sheriff-appeal-court-rules-and-ordinary-cause-rules-amendment)-(taxation-of-judicial-expenses)-2019rulesAct of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Ordinary Cause Rules Amendment) (Taxation of Judicial Expenses) 2019The Act of Sederunt comes into force on 29 April 2019.Wed, 06 Mar 2019 13:51:13 Z<div>This <a href="http://www.legislation.gov.uk/ssi/2019/74/contents/made">Act of Sederunt</a>&nbsp;makes provision for:<br />
&bull; revocations of, and amendments to, rules consequential on the coming into force of the<br />
Act of Sederunt (Taxation of Judicial Expenses Rules) 2019; and<br />
&bull; amendments to the rules of procedure governing the taxation of accounts of expenses in<br />
civil proceedings in the Court of Session, Sheriff Appeal Court and sheriff court.</div>urn:uuid:5a9b62a7-8980-69d2-b500-ff0000d74aa7http://www.scottishciviljusticecouncil.gov.uk/news/2019/03/06/act-of-sederunt-(rules-of-the-court-of-session-1994-amendment)-(sanctions-and-anti-money-laundering)-2019rulesAct of Sederunt (Rules of the Court of Session 1994 Amendment) (Sanctions and Anti-Money Laundering) 2019The new rules come into force on 29 March 2019.Wed, 06 Mar 2019 13:37:11 ZThis <a href="http://www.legislation.gov.uk/ssi/2019/72/contents/made">Act of Sederunt</a>&nbsp;extends the provisions of Chapter 96 (Counter-Terrorism Act 2008 &ndash; Financial Restrictions Proceedings) of the Rules of the Court of Session 1994 so as to extend its application to sanctions proceedings under the Sanctions and Anti-Money Laundering Act 2018.urn:uuid:fa1461a7-8980-69d2-b500-ff0000d74aa7http://www.scottishciviljusticecouncil.gov.uk/news/2019/02/08/act-of-sederunt-(computer-evidence-in-the-sheriff-court)-(revocation)-2019rulesAct of Sederunt (Computer Evidence in the Sheriff Court) (Revocation) 2019Act of Sederunt (Computer Evidence in the Sheriff Court) (Revocation) 2019 comes into force on 5 March 2019Fri, 08 Feb 2019 14:26:23 ZThis <a href="http://www.legislation.gov.uk/ssi/2019/22/made">Act of Sederunt</a>&nbsp;revokes, so far as still in force, the Act of Sederunt (Computer Evidence in the Sheriff Court) 1969 and the Act of Sederunt (Computer Evidence in the Sheriff Court Amendment) 1970.urn:uuid:e3585fa7-8980-69d2-b500-ff0000d74aa7http://www.scottishciviljusticecouncil.gov.uk/news/2019/01/14/reports-on-solicitors'-fees-review-consultation-and-implementation-of-taylor-review-recommendations-publishedlatest newsReports on solicitors' fees review consultation and implementation of Taylor Review recommendations publishedThe Costs and Funding Committee published the two reports on 11 January 2019.Mon, 14 Jan 2019 10:33:41 Z<p>The Scottish Civil Justice Council (SCJC) Costs and Funding Committee has published its <em>Report on the consultation on the Review of Fees in the Scottish Civil Courts: Fees of solicitors</em>,<em> </em>together with a summary of its work to date on implementation of the recommendations contained in chapters 2 to 4 of Sheriff Principal Taylor&rsquo;s <em>Review of Expenses and Funding of Civil Litigation in Scotland</em>.</p> <p><strong>Report on the Consultation on the Review of Fees in the Scottish Civil Courts: Fees of solicitors</strong></p> <p>The <strong><a href="http://www.scottishciviljusticecouncil.gov.uk/docs/librariesprovider4/consultations/scjc-consultations/consultation-on-the-review-of-fees-in-the-scottish-civil-courts---fees-of-solicitors/scjc-fees-of-solicitors---consultation-analysis-of-responses---as-published.pdf?sfvrsn=2">report</a></strong> summarises the responses received to the <em>Consultation on the Review of Fees in the Scottish Civil Courts: Fees of solicitors</em> and sets out key areas emerging from the responses. The responses generally supported modification of fees. Nineteen consultation responses were received and four key areas identified: commercial actions: personal injury actions, fixed fees and the hourly rate.</p> <p>Analysis of responses also identified concern about the impact of fees and disbursements relating to technological management of documents. The Committee agreed to consider this feedback in future fees reviews.</p> <p>The Costs and Funding Committee noted that there was limited material that would serve to inform its deliberations on setting of an appropriate recoverable hourly rate that underpins the judicial tables of fees. The Committee subscribes to the principle that any fee increases should, where possible, be evidence based. The consultation responses did not however provide clear evidence to demonstrate movements in solicitors&rsquo; costs since the last general increase in the level of fees in March 2014.</p> <p>As an interim measure, the Council approved a recommendation from the Cost and Funding Committee to increase to the underlying hourly rate to fees of solicitors&rsquo; by 5%. The&nbsp;<a href="http://www.legislation.gov.uk/ssi/2018/186/contents/made">Act of Sederunt</a>&nbsp;(Fees of Solicitors in the Court of Session, Sheriff Appeal Court and Sheriff Court Amendment) 2018 applied to new fees from 24 September 2018.</p> <p><strong>Sheriff Principal Taylor&rsquo;s Review of Expenses and Funding of Civil Litigation in Scotland </strong></p> <p>A <strong><a href="http://www.scottishciviljusticecouncil.gov.uk/docs/librariesprovider4/publications/scjc-publications/summary-of-actions-arising-from-taylor-recommendations-chapters-2---4---as-published.pdf?sfvrsn=2">summary</a></strong> of the Council&rsquo;s work to date on implementation of the recommendations in Chapters 2 to 4 of Sheriff Principal Taylor&rsquo;s <em>Review of Expenses and Funding of Civil Litigation in Scotland</em> has also been published. </p> <p>The review and implementation of the Taylor Review recommendations, developed by the Council&rsquo;s Costs and Funding Committee, was combined with a wider restructuring and rationalisation of the rules regulating the taxation of expenses in civil proceedings. </p> <p>At its November 2018 meeting, the Council approved two draft instruments, <em>Act of Sederunt (Taxation of Judicial Expenses Rules) 2019</em> and <em>Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Ordinary Cause Rules Amendment) (Taxation of Judicial Expenses) 2019</em>, for submission to the Court of Session, which will be made in due course. </p> <p>The draft rules will recast the provisions for the taxation of expenses, reframe the table of fees to provide for unit-based charging and take account of recommendations in Sheriff Principal Taylor&rsquo;s Review of Expenses and Funding of Civil Litigation in Scotland.&nbsp;</p>urn:uuid:a51b5ea7-8980-69d2-b500-ff0000d74aa7http://www.scottishciviljusticecouncil.gov.uk/news/2018/12/19/act-of-sederunt-(child-support-rules-amendment)-(disqualification)-2018rulesAct of Sederunt (Child Support Rules Amendment) (Disqualification) 2018The new rules come into force on 21 January 2019.Wed, 19 Dec 2018 15:46:58 ZThis <a href="http://www.legislation.gov.uk/ssi/2018/369/contents/made"></a><a href="http://www.legislation.gov.uk/ssi/2018/369/contents/made">Act of Sederunt</a>&nbsp;amends the Child Support Rules to make procedural provisions for applications to the sheriff to disqualify a non-resident parent from holding or obtaining a UK passport if he or she fails to pay child support maintenance. The new rules come into force on 21 January 2019.<br />urn:uuid:ad855ca7-8980-69d2-b500-ff0000d74aa7http://www.scottishciviljusticecouncil.gov.uk/news/2018/11/27/new-rules-on-protective-expenses-orders-in-environmental-proceedingsrules latest news latest news new rules New rules on protective expenses orders in environmental proceedingsAct of Sederunt (Rules of the Court of Session 1994 Amendment) (Protective Expenses Orders) 2018 comes into force on 10 December 2018.
Tue, 27 Nov 2018 10:52:27 Z<p>New rules have been published which aim to enhance access to justice by preventing court actions relating to the environment being &ldquo;prohibitively expensive&rdquo; to members of the public.</p> <p>Following a request from the Scottish Government, in September 2015 the Scottish Civil Justice Council (the Council) approved changes to the Rules of the Court of Session in relation to Protective Expenses Orders (PEOs), a mechanism by which a party can seek to limit their liability for legal costs.&nbsp;</p> <p>Since then, the Council has undertaken a review of these rules, focusing on the prescribed test and the procedure by which applications are determined. The Council developed the new rules and consulted on the proposed changes in March 2017.&nbsp;</p> <p>The Aarhus Convention and European Union Law require that court proceedings should not be "prohibitively expensive". The new rules seek to ensure that the provisions regulating applications for PEOs in environmental proceedings operate effectively for this requirement.&nbsp;</p> <p>The new rules, contained within <a href="http://www.legislation.gov.uk/ssi/2018/348/made">Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Protective Expenses Orders) 2018</a>: </p> <ul style="list-style-type: disc;"> <li>provide a new procedural model for PEO applications and substitute a new Chapter 58A of the Rules of the Court of Session 1994;</li> <li>provide a new process for determination of applications including lodging opposition to applications;</li> <li>make a related amendment to the provisions for granting PEOs in certain proceedings relating to the environment;</li> <li>&nbsp;provide a new definition of when related proceedings are to be considered as &ldquo;prohibitively expensive&rdquo; to the applicant seeking protection and provisions and timescales for making applications in various circumstances;</li> <li>provide limits on liability for expenses and for them to be lifted or lowered on cause shown, and make provision for circumstances whereby liability for expenses is limited to &pound;500.&nbsp;</li> </ul> <p>The amendments made by this Act of Sederunt will apply to proceedings commenced after 10 December 2018.&nbsp;</p> <p><strong>Background information</strong>&nbsp;</p> <p>Under the Aarhus Convention and European Union law, proceedings relating to the environment should be "not prohibitively expensive".&nbsp;</p> <p>In September 2015, the Council considered a request from the Scottish Government proposing changes to the Rules of the Court of Session in relation to PEOs, which was approved and in 2016 the rules in Chapter 58A were substantially amended.&nbsp;</p> <p>The amendments were concerned only with the scope of the rules, the purpose being to ensure that the criteria imposed by the rules, in so far as relating to the type of proceedings in which an application could be made, and the applicant&rsquo;s interest.&nbsp;</p> <p>Following a further review of the rules by the Council, focusing on the prescribed test, and the procedure by which applications are determined, revised draft rules were instructed and a consultation was launched.&nbsp;</p> <p>Thereafter, a small working group was established to consider the responses and policy issues raised with a view to making recommendations to the Council.&nbsp;</p> <p>Further to the Council&rsquo;s consideration of the recommendations at its July 2018 meeting, the amended draft rules were approved and the rules have been made.</p>urn:uuid:32555ba7-8980-69d2-b500-ff0000d74aa7http://www.scottishciviljusticecouncil.gov.uk/news/2018/11/07/summary-of-responses-to-the-scjc-consultation-on-the-simple-procedure-ruleslatest newsSummary of responses to the SCJC consultation on the Simple Procedure RulesThe Scottish Civil Justice Council (SCJC) has published a summary of the responses to its consultation on the court rules for certain civil cases with a value of £5,000 or less.
Wed, 07 Nov 2018 12:14:57 Z<p>The Scottish Civil Justice Council (SCJC) has published a summary of the responses to its consultation on the court rules for certain civil cases with a value of &pound;5,000 or less.&nbsp;</p> <p>There were 25 responses to the consultation on the Simple Procedure Rules, which focused on the operation of the rules, forms and standard orders in order to allow any problems to be considered and amended if necessary.&nbsp;</p> <p>Given this review&rsquo;s focus on the operation of the rules, a further review will be carried out by the Council at a later date in order to ascertain whether the policy intentions of simple procedure have been met.&nbsp;</p> <p>As part of the review, the Council has commissioned the University of Glasgow to carry out research into the accessibility and usability of the Simple Procedure Rules by party litigants.&nbsp;</p> <p>The Access to Justice Committee will consider the consultation responses alongside the research report from the University of Glasgow.&nbsp;</p> <p>The Committee will then be in a position to consider making recommendations to the Council for any changes to the Simple Procedure Rules.&nbsp;</p> <p><a href="http://www.scottishciviljusticecouncil.gov.uk/docs/librariesprovider4/consultations/scjc-consultations/consultation-on-the-simple-procedure-rules/summary-of-responses.pdf?sfvrsn=2">Summary of Responses to the SCJC consultation on the Simple Procedure Rules</a>&nbsp;</p> <p><strong>Background information</strong>&nbsp;</p> <p>On 28 November 2016 simple procedure replaced small claims in its entirety and largely replaced summary cause procedure. The effect of this is that simple procedure must be used to make a claim which has a monetary value of &pound;5000 or less and seeks payment, delivery, the recovery of moveable property or an order for someone to do something specific.&nbsp;</p> <p>The court rules and procedure for these types of claims are set out in the Act of Sederunt (Simple Procedure) 2016 (&lsquo;the Simple Procedure Rules&rsquo;), which is the focus of this report.&nbsp;</p> <p>It is intended that simple procedure will be extended to include other types of claim at a later date. These claims are referred to collectively as &lsquo;special claims&rsquo; and will include personal injury claims, actions of multiplepoinding, aliment, furthcoming and the recovery of possession of heritable property.&nbsp;</p> <p>The focus of this review is primarily on the operation of the rules, forms and standard orders. It does not consider the underlying policy. This is to allow any problems with the current rules, forms or standard orders to be considered and amended as required, in advance of the introduction of the special claim rules.&nbsp;</p> <p>A further review will be carried out by the Council at a later date in order to ascertain whether the policy intentions of simple procedure have been met.&nbsp;</p> <p>As part of the review, the Council has commissioned the University of Glasgow to carry out research into the accessibility and usability of the Simple Procedure Rules by party litigants. The Council intends to carry out focus groups with interested parties, likely to include both private practice and third sector organisations, to obtain further feedback on the Simple Procedure Rules.&nbsp;</p> <p>This report therefore provides a summary of the responses to the consultation exercise. Any proposed changes to the Simple Procedure Rules as a result of the consultation will be considered by the Committee once the research conducted by the University of Glasgow has concluded.</p>urn:uuid:9d7658a7-8980-69d2-b500-ff0000d74aa7http://www.scottishciviljusticecouncil.gov.uk/news/2018/09/26/council-and-committee-meeting-minuteslatest newsCouncil and Committee meeting minutesThe minutes from the latest Council and Committee meetings are now available, having been published on the website.Wed, 26 Sep 2018 13:49:28 ZMinutes of the Scottish Civil Justice Council's (SCJC) latest meeting have been published on the SCJC website.<br /> <br />
The approved minutes from the meeting of&nbsp;9 July 2018 are available from the Council meetings and papers <a href="http://www.scottishciviljusticecouncil.gov.uk/council/meetings">page</a>.<br /> <br />
Also published are the approved minutes of the <a href="http://www.scottishciviljusticecouncil.gov.uk/committees/rules-rewrite-working-group">Rules Rewrite Committee's</a>&nbsp;meeting on 3 July 2018 and the&nbsp;draft minutes of the&nbsp;<a href="http://www.scottishciviljusticecouncil.gov.uk/committees/information-and-communications-technology-committee">Information and Communications Technology Committee</a>&nbsp;meeting of 27 August 2018.<br /> <br />urn:uuid:b5bf57a7-8980-69d2-b500-ff0000d74aa7http://www.scottishciviljusticecouncil.gov.uk/news/2018/09/17/responses-to-consultation-on-the-case-management-of-family-and-civil-partnership-actions-in-the-sheriff-courtlatest newsResponses to Consultation on the Case Management of Family and Civil Partnership Actions in the Sheriff CourtThe Scottish Civil Justice Council has published responses to its consultation on the case management of family and civil partnership actions.Mon, 17 Sep 2018 08:25:17 Z<p>The Scottish Civil Justice Council has published responses to its consultation on the case management of family and civil partnership actions. <br /> <br />
The responses can be accessed by clicking on this <a href="http://www.scottishciviljusticecouncil.gov.uk/consultations/scjc-consultations/responses-to-consultation-on-the-case-management-of-family-and-civil-partnership-actions-in-the-sheriff-court">link</a>.</p>
The Council&rsquo;s Family Law Committee is considering the responses and will publish a report on the consultation in due course.<br />urn:uuid:4c6e57a7-8980-69d2-b500-ff0000d74aa7http://www.scottishciviljusticecouncil.gov.uk/news/2018/09/10/act-of-sederunt-(rules-of-the-court-of-session-1994-amendment)-(jury-trials)-2018rulesAct of Sederunt (Rules of the Court of Session 1994 Amendment) (Jury Trials) 2018This Act of Sederunt amends Rule 37.2 of the Rules of the Court of Session 1994 to alter the time limits applicable for parties requesting the issue of the jury precept in civil jury trials in the Court of Session. It will come into force on 21 September 2018.
Mon, 10 Sep 2018 14:11:27 ZThis&nbsp;<a href="http://www.legislation.gov.uk/ssi/2018/266/made">Act of Sederunt</a>&nbsp;amends Rule 37.2 of the Rules of the Court of Session 1994 to alter the time limits applicable for parties requesting the issue of the jury precept in civil jury trials in the Court of Session. It will&nbsp;come into force on 21 September 2018.<br />
&nbsp;<br />urn:uuid:376e57a7-8980-69d2-b500-ff0000d74aa7http://www.scottishciviljusticecouncil.gov.uk/news/2018/09/10/new-rules-on-civil-jury-preceptlatest news new rules New time limits for civil jury precepts Changes to court rules alter the time limits applicable for parties requesting the issue of the jury precept in civil jury trials in the Court of Session. Mon, 10 Sep 2018 14:06:37 Z<p>Changes to court rules alter the time limits applicable for parties requesting the issue of the jury precept in civil jury trials in the Court of Session.&nbsp;&nbsp;</p> <p>Under the new rules, which amend Rule 37.2 of the Rules of the Court of Session 1994, a pursuer will now require to request the issue of the jury precept not less than 70 days before the diet of jury trial. Where the pursuer fails to do so, the defender may do so, not less than 63 days before the diet.&nbsp; &nbsp;</p> <p>The additional time provided for in the rules will enable the Scottish Courts and Tribunals Service time to cite additional civil jurors if large number of those cited are found to be ineligible, or are excused.&nbsp;&nbsp;</p> <p>The new time limits will also give qualified jurors more time to notify their availability and make any personal arrangements required to facilitate their attendance for jury service.&nbsp;&nbsp;</p> <p>The <a href="http://www.legislation.gov.uk/ssi/2018/266/made">Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Jury Trials) 2018</a>, which was made on 5 September 2018, comes into force on 21 September 2018.</p> <br />urn:uuid:786b57a7-8980-69d2-b500-ff0000d74aa7http://www.scottishciviljusticecouncil.gov.uk/news/2018/09/07/latest-update-now-availablelatest newsLatest Update now availableThe September 2018 edition of the Council's newsletter, Update, is now available.
Fri, 07 Sep 2018 13:22:57 ZThe September 2018 edition of the Council's newsletter,&nbsp;<a href="http://www.scottishciviljusticecouncil.gov.uk/docs/librariesprovider4/publications/scjc-publications/updates/update-issue-17---september-2018.pdf?sfvrsn=2">Update</a>, is now available.<br /> <br />
Issue 17 includes information on the Council's ongoing work, committee&nbsp;<br />
activity, and research on Simple Procedure.<br />urn:uuid:f12055a7-8980-69d2-b500-ff0000d74aa7http://www.scottishciviljusticecouncil.gov.uk/news/2018/08/08/family-and-civil-partnership-consultationlatest news latest news Family and civil partnership consultationThere is still time to respond to the Council’s consultation on the case management of family and civil partnership actions before the deadline on Wednesday, 22 August 2018.Wed, 08 Aug 2018 08:36:57 Z<p>There is still time to respond&nbsp;to the Council&rsquo;s consultation on the case management of family and civil partnership actions before the deadline on Wednesday, 22 August 2018. </p> <p>The consultation seeks views on proposals to improve the case management of family and civil partnership actions in the sheriff court, particularly in order to prevent undue delay in proceedings relating to the welfare of children.</p> <p>All those with an interest in family and civil partnership actions in the sheriff court are invited to respond.</p> <p>Click here to access the <a href="http://www.scottishciviljusticecouncil.gov.uk/consultations/scjc-consultations/consultation-on-the-case-management-of-family-and-civil-partnership-actions-in-the-sheriff-court">consultation documents</a>&nbsp;and submit your response by midnight on 22 August.</p> <p>&nbsp;</p> <br />urn:uuid:dceb54a7-8980-69d2-b500-ff0000d74aa7http://www.scottishciviljusticecouncil.gov.uk/news/2018/08/06/simple-procedure-researchlatest news latest news Simple Procedure researchThe Council is conducting research into the experience of party litigants in using Simple Procedure. Take part in our short questionnaire. Mon, 06 Aug 2018 08:58:06 Z<p>The Council is conducting research into the experience of party litigants in using Simple Procedure. <br /> <br />
As part of our review of the Simple Procedure Rules, we have commissioned the University of Glasgow to carry out research into the experiences of people without legal representation who have used Simple Procedure. <br /> <br />
The purpose of this research is to gather information about how well party litigants in the sheriff court are able to use the Procedure.</p> <p>If you would like to take part, please follow the link below to submit a short questionnaire, followed by an optional follow up interview.</p> <p>&nbsp;Take <a href="https://glasgow.onlinesurveys.ac.uk/simple-procedure-questionnaire-2018">Questionnaire</a></p> <br />